Terms & Conditions

EMERGENCY RESPONSE POLICY

Place: Kolkata, West Bengal, India
Last Updated On: Saturday, 20 December 2025

Legal Nature of the Document

This Emergency Response Policy (“Policy”) is an electronic record within the meaning of the Information Technology Act, 2000, and the rules made thereunder, including all amendments and statutory modifications relating to electronic records and electronic contracts under Indian law.

This Policy is generated, stored, and published by a computer system and does not require any physical, wet-ink, or digital signature. The absence of such signature shall not affect the authenticity, validity, or enforceability of this Policy.

This Policy constitutes a legally binding and enforceable set of terms governing emergency response protocols, safety assistance, and incident management measures facilitated by IVY Nest Apartments through its digital platform and associated services.

By accessing, browsing, registering on, booking through, residing in, or otherwise using the IVY Nest Apartments platform or any accommodation listed thereon, the User is deemed to have read, understood, and unconditionally agreed to be bound by the terms of this Policy.

The User’s acceptance of this Policy through electronic means, including click-wrap, browse-wrap, or continued use of the Platform or services, shall constitute valid consent under:
(a) the Information Technology Act, 2000;
(b) the Indian Contract Act, 1872;
(c) the Consumer Protection Act, 2019; and
(d) any other applicable laws governing electronic contracts and service facilitation.

This Policy is intended solely to define emergency response procedures and support mechanisms. It does not create any obligation on IVY Nest Apartments to act as a medical service provider, emergency responder, law-enforcement authority, disaster management authority, or insurer.

Nothing contained in this Policy shall be construed as assuming or transferring any statutory duties or liabilities vested in government authorities, local bodies, hospitals, police, fire services, disaster management authorities, or other competent agencies.

This Policy shall be read in conjunction with the Terms of Use, Customer Service and Support Policy, Grievance Redressal Policy, Privacy Policy, Booking and Cancellation Policy, and other applicable IVY Nest Apartments policies. In case of any inconsistency, the Terms of Use shall prevail.

By clicking on the “I ACCEPT” or “ACCEPT & CONTINUE” button on the digital interface of the Ivy Nest platform, the user (“User”) expressly consents to be legally bound by this Policy, along with all other applicable terms, conditions, policies, and guidelines of Ivy Nest Apartments.

If the User does not agree with any provision of this Policy or any related policy, the User is advised not to access, register on, or avail any services offered through the Ivy Nest digital platform.

About Ivy Nest Apartments

Ivy Nest Apartments (“Ivy Nest”, “Company”, “we”, “us”, or “our”) is engaged in providing residential accommodation and rental solutions through a technology-enabled digital platform / online portal to intending occupiers and/or licensees.

Customer Categories Served

The platform caters to a diverse range of users, including but not limited to:

• Digital nomads
• Remote workers
• Students
• Working professionals
• Community-focused individuals
• Short-term and long-term residents

Types of Spaces Offered

Through its platform and affiliated listings, Ivy Nest facilitates access to:

• Paying Guest (PG) accommodations
• Rental flats and apartments
• Room-sharing residences
• Hostels
• Co-living spaces
• Co-working spaces
• Workation stays
• Vacation homes and short-term stays

OTA Functionality

In addition to accommodation facilitation, Ivy Nest also operates as an Online Travel Agency (OTA) by:

• Aggregating and listing verified accommodation and rental options
• Displaying pricing, availability, and amenities
• Facilitating digital discovery, comparison, booking, and rental transactions
• Enabling seamless online booking experiences for short-term and long-term stays

All onboarding, verification, booking, and service interactions are conducted entirely through electronic and digital means, ensuring convenience, transparency, scalability, and choice.

1. Purpose of the Policy

1.1. The primary purpose of this Emergency Response Policy (“Policy”) is to establish a structured, transparent, and legally compliant framework for the identification, communication, and facilitation of appropriate response measures in the event of emergencies affecting Users, occupants, guests, property partners, or other stakeholders associated with accommodations listed or facilitated through the IVY Nest Apartments digital platform (“Platform”).

1.2. This Policy seeks to define the scope, limitations, and procedural mechanisms through which IVY Nest Apartments, acting strictly as a technology intermediary and service facilitator, may coordinate, notify, or assist in directing Users to relevant emergency support resources, without assuming the role of a first responder, medical service provider, law-enforcement authority, disaster management authority, or any statutory emergency body.

1.3. The Policy is intended to promote user safety, preparedness, and awareness by outlining standardized protocols for reporting emergencies, escalating critical incidents, and disseminating emergency-related information through digital means, while ensuring compliance with applicable laws, including but not limited to the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2025, the Consumer Protection Act, 2019, and relevant local and state safety regulations.

1.4. This Policy aims to ensure that emergency-related interactions facilitated by the Platform are conducted in a manner that is:
(a) lawful, reasonable, and proportionate;
(b) respectful of User privacy and data-protection principles;
(c) consistent with the intermediary safe-harbour framework applicable to digital platforms; and
(d) aligned with the contractual and operational boundaries of IVY Nest Apartments.

1.5. The Policy further seeks to minimize confusion, delay, or misuse of emergency communication channels by clearly delineating the responsibilities of Users, property partners, and the Platform during emergency situations, and by encouraging prompt engagement with appropriate governmental or professional emergency services.

1.6. This Policy also serves to document and formalize IVY Nest Apartments’ internal emergency handling standards for the purposes of governance, compliance, audit readiness, and risk management, without creating any additional duty of care beyond those expressly mandated under applicable law.

1.7. Nothing in this Policy shall be construed as guaranteeing the prevention, resolution, or outcome of any emergency situation, nor as creating any warranty, representation, or assurance regarding the adequacy, timeliness, or effectiveness of emergency response services provided by third-party authorities or service providers.

2. Scope and Applicability

2.1. This Emergency Response Policy (“Policy”) governs the procedures, responsibilities, and limitations relating to emergency reporting, communication, coordination, and facilitation mechanisms made available through the IVY Nest Apartments digital platform, including its website, mobile applications, customer support systems, and associated electronic communication channels (collectively, the “Platform”).

2.2. This Policy applies to all individuals and entities who access, use, or interact with the Platform, including but not limited to:
(a) prospective users browsing or inquiring through the Platform;
(b) registered users holding active or past accounts;
(c) occupants, licensees, residents, and guests staying at accommodations listed or facilitated through the Platform;
(d) property owners, lessors, licensors, managers, operators, and accommodation partners (“Property Partners”);
(e) vendors, service providers, or third-party contractors engaged in connection with Platform-facilitated accommodations; and
(f) any other person who initiates or is involved in an emergency-related communication or incident connected to a booking, stay, or listing made available through the Platform.

2.3. The applicability of this Policy extends to emergency situations that may arise:
(a) during pre-booking, booking, check-in, occupancy, or post-stay phases;
(b) at or in connection with properties listed on the Platform, whether for short-term or long-term stays;
(c) in relation to the use, condition, or access to accommodation facilities, common areas, or associated amenities; and
(d) in circumstances where an emergency is reported to or becomes known to IVY Nest Apartments through Platform-enabled channels.

2.4. This Policy applies solely to the procedural and facilitative role of IVY Nest Apartments as a technology intermediary and shall not be construed as extending to:
(a) direct emergency response, rescue, evacuation, or medical assistance;
(b) law-enforcement intervention, investigation, or adjudication;
(c) disaster management, civil defence, or statutory emergency functions; or
(d) operational control or physical management of any listed property, unless expressly agreed in writing.

2.5. This Policy shall operate in conjunction with and be read harmoniously with the following documents, as updated from time to time:
(a) Terms of Use / Terms and Conditions;
(b) User Agreement / Platform Access Agreement;
(c) Booking, Cancellation and Refund Policy;
(d) Customer Service and Support Policy;
(e) Grievance Redressal Policy;
(f) Privacy Policy and Data Retention Policy; and
(g) OTA-specific disclosures and property-specific rules.

In the event of any conflict or inconsistency, the Terms of Use shall prevail, followed by the User Agreement, unless a specific provision of this Policy is required to prevail under applicable law.

2.6. The scope of this Policy is limited to emergencies reported or communicated through official Platform-designated channels. IVY Nest Apartments shall not be responsible for monitoring, responding to, or acting upon emergency communications made through unofficial, informal, or external channels, including personal communications between Users and Property Partners.

2.7. This Policy is applicable subject to and without prejudice to:
(a) applicable central, state, and local laws and regulations;
(b) directions issued by competent governmental or statutory authorities; and
(c) emergency protocols or safety requirements mandated by local municipal bodies, housing authorities, or disaster management authorities.

2.8. Nothing in this Policy shall be interpreted as creating any agency, partnership, joint venture, employment, or fiduciary relationship between IVY Nest Apartments and any User, Property Partner, or third party, nor as expanding the Platform’s obligations beyond those expressly provided under applicable law.

3. Definition of Emergency

3.1. For the purposes of this Emergency Response Policy (“Policy”), an “Emergency” shall mean any sudden, unforeseen, or escalating event, circumstance, or condition that poses, or reasonably appears to pose, an immediate or imminent risk to:

(a) human life, health, or personal safety;
(b) physical security or bodily integrity of occupants, guests, visitors, or staff;
(c) substantial damage to property or infrastructure; or
(d) public order, sanitation, or environmental safety,

and which requires urgent attention, intervention, or coordination beyond routine customer service or maintenance support.

3.2. Without limitation, an Emergency may include, but is not limited to, the following categories of incidents occurring at, in connection with, or during occupancy of properties listed or facilitated through the Platform:

3.2.1. Medical Emergencies

(a) life-threatening illnesses, sudden medical collapse, cardiac events, seizures, or severe allergic reactions;
(b) serious injury, trauma, bleeding, or unconsciousness;
(c) mental health crises involving risk of self-harm or harm to others, where immediate assistance is required.

3.2.2. Fire and Electrical Emergencies

(a) fire outbreaks, smoke hazards, explosions, or short circuits;
(b) gas leaks, carbon monoxide exposure, or electrical failures posing safety risks;
(c) malfunctioning fire safety equipment where imminent danger exists.

3.2.3. Structural and Environmental Emergencies

(a) building collapse or partial structural failure;
(b) flooding, water ingress, sewage overflow, or sanitation hazards;
(c) exposure to hazardous materials, toxic substances, or severe environmental contamination.

3.2.4. Security and Law-and-Order Incidents

(a) physical assault, violent altercation, or credible threats of violence;
(b) unlawful intrusion, burglary, or criminal trespass;
(c) harassment, intimidation, or acts creating immediate fear for personal safety.

3.2.5. Natural Disasters and Force Majeure Events

(a) earthquakes, cyclones, floods, storms, or other natural calamities;
(b) government-declared disasters, evacuation orders, or emergency restrictions;
(c) any event falling within the scope of force majeure under applicable law.

3.3. An Emergency shall not include situations that are non-urgent, routine, or administrative in nature, including but not limited to:
(a) minor maintenance issues, such as plumbing, electrical, or appliance faults not posing immediate danger;
(b) housekeeping requests, amenity availability, or service delays;
(c) commercial disputes, pricing disagreements, or dissatisfaction with accommodation quality;
(d) booking modifications, cancellations, refunds, or policy clarifications;
(e) interpersonal disputes not involving immediate risk to safety or property.

3.4. The determination of whether a reported incident qualifies as an Emergency under this Policy shall be made reasonably and in good faith by IVY Nest Apartments based on:
(a) information provided by the reporting individual;
(b) the apparent severity, urgency, and potential impact of the incident; and
(c) applicable legal and safety standards.

3.5. IVY Nest Apartments reserves the right to reclassify, downgrade, or close an emergency request if, upon review, the incident does not meet the criteria of an Emergency as defined herein, without prejudice to any other rights or remedies available under law or other applicable policies.

3.6. Nothing in this definition shall be construed as:
(a) a guarantee of resolution, rescue, or emergency intervention by IVY Nest Apartments;
(b) an assumption of statutory or operational responsibility for emergency management; or
(c) a substitution for contacting local emergency services, medical professionals, law-enforcement authorities, or disaster management agencies directly.

4. Platform Role and Limitation

4.1. Nature of Platform Role

IVY Nest Apartments (“IVY Nest”, “Company”, “Platform”) operates solely as a technology-enabled digital intermediary and facilitator, providing an online platform to enable discovery, booking, and management of residential accommodation and related services.

For the purposes of this Emergency Response Policy, IVY Nest’s role is strictly limited to facilitating communication, information-sharing, and coordination, where reasonably feasible, between Users and relevant third parties.

4.2. No Emergency Service Provider Status

IVY Nest expressly declares and the User acknowledges that IVY Nest:

(a) is not a hospital, medical service provider, ambulance service, fire brigade, disaster response agency, law-enforcement authority, or emergency management body;
(b) does not provide professional medical, firefighting, rescue, security, disaster relief, or crisis intervention services;
(c) does not employ or control emergency responders, medical practitioners, or public safety personnel.

4.3. No Assumption of Statutory or Operational Duties

Nothing contained in this Policy or elsewhere on the Platform shall be construed as:

(a) an assumption of any statutory duty imposed under health, safety, disaster management, municipal, or criminal laws;
(b) a transfer of responsibility from competent authorities to IVY Nest;
(c) an undertaking to monitor, prevent, respond to, or resolve emergencies.

All statutory obligations relating to emergency response remain exclusively with government authorities, emergency services, property owners, or occupants, as applicable under law.

4.4. User’s Primary Responsibility to Contact Authorities

In the event of an Emergency, the User acknowledges and agrees that:

(a) the primary and immediate responsibility to contact local emergency services (such as police, fire brigade, ambulance, disaster management authorities) lies with the User or persons present at the location;
(b) IVY Nest shall not be relied upon as a substitute for contacting emergency helplines or authorities;
(c) any delay caused by reliance on the Platform for emergency assistance shall be at the User’s own risk.

4.5. Facilitation Without Guarantee

Where reasonably possible, IVY Nest may, at its sole discretion:

(a) assist in relaying information to property partners, caretakers, or service vendors;
(b) provide publicly available emergency contact information;
(c) log and record emergency-related communications for compliance and audit purposes.

However, IVY Nest does not guarantee:

(a) response time, availability, or effectiveness of any assistance;
(b) successful intervention or resolution of the emergency;
(c) accuracy or completeness of third-party responses.

4.6. No Control Over Properties or Third Parties

IVY Nest does not own, possess, operate, manage, or control:

(a) the physical premises listed on the Platform (unless expressly stated);
(b) property safety systems, fire equipment, security infrastructure, or utilities;
(c) conduct, actions, or omissions of property owners, landlords, caretakers, vendors, or other users.

Any emergency arising from property conditions or third-party actions remains the responsibility of the relevant parties.

4.7. Limitation of Liability

To the maximum extent permitted under applicable law:

(a) IVY Nest shall not be liable for any injury, loss of life, property damage, mental distress, or consequential loss arising from or related to any Emergency;
(b) IVY Nest shall not be liable for failure, delay, or inadequacy of emergency response by third parties or authorities;
(c) IVY Nest shall not be liable for User’s failure to follow emergency instructions or safety advisories.

4.8. No Warranty or Representation

IVY Nest makes no representation or warranty, express or implied, that:

(a) any property listed on the Platform is free from emergencies or hazards;
(b) emergency support will be available at all times;
(c) emergency response mechanisms are foolproof or comprehensive.

4.9. Preservation of Intermediary Safe Harbour

This clause is intended to preserve IVY Nest’s safe-harbour protections under:

• the Information Technology Act, 2000;
• the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; and
• applicable consumer protection and e-commerce regulations.

Nothing herein shall be interpreted as negating or limiting such protections.

4.10. Severability

If any provision of this clause is held invalid or unenforceable by a court or authority, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

5. Emergency Response Protocol

5.1. General Principle

The Emergency Response Protocol establishes a structured framework to be followed in the event of an Emergency affecting Users, properties, or services listed on the IVY Nest Apartments Platform. This Protocol is designed to facilitate timely information flow, coordination, and documentation, without assuming or replacing the role of statutory emergency authorities.

5.2. Immediate Action by Users

5.2.1. In the event of an Emergency, the User shall immediately and independently contact the appropriate emergency services, including but not limited to:

• Police (Dial 112 or local police station),
• Ambulance or medical emergency services,
• Fire brigade,
• Disaster management authorities or municipal emergency services.

5.2.2. Users shall not delay contacting competent authorities by relying on IVY Nest as an emergency intermediary.

5.3. Notification to IVY Nest

5.3.1. After initiating contact with emergency services, the User may notify IVY Nest through the designated customer support or emergency reporting channels available on the Platform.

5.3.2. The notification should, to the extent reasonably possible, include:

• Nature and type of Emergency;
• Location and property details;
• Time of occurrence;
• Immediate risks to life, health, or property;
• Contact details of the reporting User.

5.3.3. IVY Nest shall not be liable for incomplete, delayed, or inaccurate information provided by Users.

5.4. Internal Assessment and Logging

5.4.1. Upon receipt of an emergency notification, IVY Nest may:

• Record the incident for compliance, audit, and legal purposes;
• Categorize the Emergency based on severity and nature;
• Assign the matter to the appropriate internal team for coordination.

5.4.2. Such internal assessment shall be administrative in nature only and shall not be construed as emergency management or professional intervention.

5.5. Coordination with Property Partners

5.5.1. Where feasible, IVY Nest may notify the relevant property owner, landlord, caretaker, or authorized property representative regarding the Emergency.

5.5.2. IVY Nest does not guarantee the availability, responsiveness, or actions of property partners and shall not be responsible for their acts or omissions.

5.6. Facilitation of Communication

5.6.1. IVY Nest may, at its discretion:

• Facilitate communication between Users and property partners;
• Share publicly available emergency contact information;
• Provide general safety guidance already published on the Platform.

5.6.2. IVY Nest shall not issue professional medical, legal, security, or safety instructions.

5.7. No Physical Intervention

5.7.1. IVY Nest does not dispatch personnel, emergency responders, or representatives to the location of an Emergency.

5.7.2. IVY Nest shall not undertake physical inspection, rescue, evacuation, or remediation activities.

5.8. User Cooperation Obligations

5.8.1. Users shall cooperate with:

• Law enforcement agencies,
• Emergency responders,
• Property management or caretakers,
• Lawful instructions issued by competent authorities.

5.8.2. Users shall refrain from obstructing emergency operations or disseminating misinformation.

5.9. Post-Emergency Follow-Up

5.9.1. After resolution of the Emergency, IVY Nest may:

• Seek factual updates for record-keeping;
• Assist Users with non-emergency service queries such as booking adjustments, cancellations, or relocation requests, subject to applicable policies.

5.9.2. Any post-emergency assistance is subject to the Booking, Cancellation & Refund Policy and other applicable Platform policies.

5.10. Data Handling During Emergencies

5.10.1. Any personal data processed during an Emergency shall be handled strictly in accordance with:

• the Digital Personal Data Protection Act, 2025;
• the Privacy Policy of IVY Nest Apartments.

5.10.2. Data shall be used solely for lawful purposes related to emergency communication, compliance, or protection of life and safety.

5.11. No Guarantee of Outcome

5.11.1. IVY Nest does not guarantee:

• resolution of Emergencies,
• safety outcomes,
• response times of third parties,
• prevention of harm or loss.

5.11.2. All Emergency outcomes depend on factors beyond IVY Nest’s control.

5.12. Limitation and Preservation of Rights

5.12.1. This Emergency Response Protocol shall not be interpreted as:

• creating a duty of care beyond that mandated by law;
• waiving IVY Nest’s intermediary safe-harbour protections;
• establishing an agency, partnership, or joint liability.

5.12.2. All rights, disclaimers, and limitations under the Terms of Use and applicable laws are expressly preserved.

6. Roles and Responsibilities

6.1. General Allocation of Responsibilities

This section defines and allocates roles and responsibilities during an Emergency among Users, property partners, and IVY Nest Apartments, in accordance with the Platform’s role as a technology intermediary and facilitator, and without assuming the functions of emergency responders, landlords, or public authorities.

6.2. Responsibilities of Users

6.2.1. Primary Duty to Seek Emergency Assistance
Users bear the primary responsibility to:

• Immediately contact appropriate emergency services (police, fire, ambulance, disaster management authorities) in case of an Emergency;
• Act in a prudent, lawful, and safety-conscious manner to protect themselves and others.

6.2.2. Accurate and Timely Reporting
Users shall ensure that:

• Any Emergency reported to IVY Nest is factual, accurate, and made in good faith;
• False, misleading, exaggerated, or malicious reports are strictly prohibited.

6.2.3. Compliance with Laws and Instructions
Users must comply with:

• Lawful directions issued by emergency responders or government authorities;
• Applicable house rules, safety guidelines, and property-specific emergency procedures.

6.2.4. Cooperation Obligations
Users shall cooperate with:

• Property owners, caretakers, or managers;
• Law enforcement and emergency authorities;
• IVY Nest support teams for post-incident documentation, where lawfully required.

6.2.5. Prohibited Conduct
Users shall not:

• Obstruct emergency operations;
• Endanger others;
• Disseminate panic, misinformation, or unverified content, including on social media;
• Hold IVY Nest responsible for delays or outcomes attributable to third parties.

6.3. Responsibilities of Property Partners / Owners / Managers

6.3.1. Property-Level Safety Compliance
Property partners are solely responsible for:

• Maintaining compliance with applicable building, fire safety, health, sanitation, and occupancy laws;
• Ensuring availability of statutory safety equipment, emergency exits, alarms, extinguishers, and evacuation signage as mandated by law.

6.3.2. Immediate Property Response
Property partners shall:

• Respond promptly to Emergencies occurring at their premises;
• Coordinate directly with emergency services when required.

6.3.3. User Safety and Assistance
Property partners must:

• Provide reasonable assistance to Users during Emergencies within the scope of their lawful authority and physical capacity;
• Avoid acts or omissions that may worsen the Emergency situation.

6.3.4. Regulatory and Reporting Duties
Property partners remain exclusively responsible for:

• Reporting incidents to local authorities where required by law;
• Obtaining and maintaining necessary licenses, permissions, and insurance.

6.3.5. Indemnity and Liability
Property partners acknowledge that:

• IVY Nest does not assume any property management or landlord obligations;
• Any failure in safety compliance shall be their sole responsibility.

6.4. Responsibilities of IVY Nest Apartments

6.4.1. Platform-Level Facilitation Role
IVY Nest’s responsibilities are limited to:

• Receiving emergency-related notifications through its Platform;
• Logging incidents for compliance, audit, and grievance purposes;
• Facilitating communication between Users and property partners, where feasible.

6.4.2. No Emergency Authority Role
IVY Nest shall not:

• Act as an emergency responder;
• Provide medical, legal, firefighting, or security services;
• Issue binding safety instructions or professional advice.

6.4.3. Information Support
IVY Nest may:

• Share publicly available emergency contact information;
• Provide general, non-professional safety information already published on the Platform.

6.4.4. Data Protection Obligations
IVY Nest shall:

• Process any personal data related to Emergencies strictly in accordance with the Digital Personal Data Protection Act, 2025;
• Limit data access to authorized personnel only.

6.4.5. No Guarantee or Assumption of Duty of Care
IVY Nest does not guarantee:

• Emergency resolution outcomes;
• Response times of emergency services or property partners;
• Prevention of harm, injury, or loss.

6.5. Responsibilities of Emergency Authorities and Third Parties

6.5.1. All statutory emergency authorities, service providers, and third parties operate independently of IVY Nest.

6.5.2. IVY Nest has no control over and shall not be liable for:

• Their response time,
• Quality of service,
• Decisions, actions, or omissions.

6.6. Allocation of Risk and Liability

6.6.1. Each party bears responsibility for risks arising from:

• Its own acts or omissions;
• Non-compliance with applicable laws or safety obligations.

6.6.2. Nothing in this Policy shall be construed to:

• Create joint liability;
• Establish agency, partnership, or employment relationships;
• Waive statutory rights or defenses available to IVY Nest.

6.7. Survival of Obligations

The roles and responsibilities outlined herein shall survive:

• Termination of bookings,
• Suspension or termination of Platform access,
• Resolution of the Emergency.

7. Data Protection and Confidentiality

7.1. Legal and Regulatory Framework

7.1.1. All personal data, sensitive information, and emergency-related records processed under this Emergency Response Policy shall be governed by and construed in accordance with:

• The Information Technology Act, 2000, and the rules framed thereunder;
• The Digital Personal Data Protection Act, 2025 (“DPDP Act”);
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended;
• The Consumer Protection Act, 2019 and Consumer Protection (E-Commerce) Rules, 2020, where applicable.

7.1.2. This Policy shall operate in conjunction with IVY Nest Apartments’ Privacy Policy, Data Retention and Deletion Policy, and Grievance Redressal Policy.

7.2. Nature of Data Collected During Emergencies

7.2.1. In the course of an Emergency, IVY Nest may process limited categories of data including:

• User identification and contact details;
• Booking, stay, and property reference information;
• Time, location, and nature of the reported Emergency;
• Communications exchanged for coordination or documentation purposes.

7.2.2. IVY Nest does not intentionally collect:

• Medical records;
• Biometric data;
• Criminal history;
• Financial information,

unless such data is voluntarily provided by the User or lawfully required by a competent authority.

7.3. Purpose Limitation and Lawful Processing

7.3.1. All data processed during an Emergency shall be:

• Collected for lawful, specific, and limited purposes;
• Used strictly for:
  • Facilitating emergency communication;
  • Compliance with legal or regulatory obligations;
  • Internal documentation, audit, or grievance resolution.

7.3.2. Emergency-related data shall not be used for:

• Marketing;
• Profiling;
• Automated decision-making;
• Any purpose unrelated to emergency facilitation or legal compliance.

7.4. Confidentiality Obligations

7.4.1. IVY Nest undertakes to treat all emergency-related data as confidential information.

7.4.2. Access to such data shall be restricted to:

• Authorized personnel of IVY Nest on a strict need-to-know basis;
• Property partners or service providers only to the extent necessary to address the Emergency;
• Government or law enforcement authorities where disclosure is mandated by law.

7.4.3. Unauthorized disclosure, sharing, or misuse of emergency-related data is strictly prohibited.

7.5. Data Sharing and Disclosure

7.5.1. IVY Nest may disclose emergency-related data:

• To statutory emergency services (police, fire, medical authorities);
• To disaster management or municipal authorities;
• In compliance with court orders, subpoenas, or statutory directions.

7.5.2. IVY Nest shall not be liable for:

• Data handling practices of third-party authorities;
• Subsequent use or disclosure by such authorities.

7.6. Data Security Safeguards

7.6.1. IVY Nest implements reasonable and appropriate technical, administrative, and organizational safeguards, including:

• Access controls and authentication mechanisms;
• Secure servers and encrypted communications;
• Internal data handling protocols and staff training.

7.6.2. While IVY Nest endeavours to maintain high security standards, it does not guarantee absolute protection against:

• Cyber-attacks;
• Force majeure events;
• Unauthorized acts beyond its reasonable control.

7.7. Data Retention and Deletion

7.7.1. Emergency-related data shall be retained:

• Only for as long as necessary to fulfill its stated purpose;
• Or as required under applicable laws or regulatory mandates.

7.7.2. Upon expiry of the retention period, such data shall be:

• Securely deleted; or
• Anonymized in accordance with IVY Nest’s Data Retention and Deletion Policy.

7.8. User Rights Under DPDP Act, 2025

7.8.1. Users may exercise their rights under the DPDP Act, including:

• Right to access;
• Right to correction;
• Right to erasure, subject to legal retention requirements;
• Right to grievance redressal.

7.8.2. Requests may be submitted through the grievance channels specified on the Platform.

7.9. Incident Reporting and Breach Management

7.9.1. In the event of a personal data breach relating to emergency data, IVY Nest shall:

• Take reasonable steps to contain and mitigate the breach;
• Notify authorities and affected users, where legally mandated.

7.9.2. IVY Nest shall not be responsible for breaches arising from:

• User devices;
• Third-party platforms;
• Government or emergency authority systems.

7.10. No Waiver of Intermediary Protection

7.10.1. Nothing in this clause shall be construed as:

• A waiver of intermediary safe-harbour protections under Section 79 of the IT Act, 2000;
• An assumption of fiduciary or custodial responsibility beyond statutory requirements.

7.11. Survival and Enforceability

7.11.1. The obligations under this clause shall survive:

• Resolution of the Emergency;
• Termination of the User’s access to the Platform;
• Expiry or modification of this Policy.

8. No Warranty or Guarantee

8.1. No Assurance of Outcome

8.1.1. IVY Nest Apartments (“IVY Nest”, “Company”, “Platform”) provides emergency-related information, communication support, and facilitation services strictly on a best-effort and reasonable-assistance basis.

8.1.2. IVY Nest does not warrant, represent, or guarantee:

• The successful resolution of any Emergency;
• The availability, response time, or effectiveness of any emergency service provider;
• The prevention of injury, loss, damage, delay, or inconvenience;
• The safety, suitability, or continued habitability of any Property during or after an Emergency.

8.2. No Warranty of Continuous or Uninterrupted Support

8.2.1. IVY Nest makes no representation or warranty that:

• Emergency support services will be continuous, uninterrupted, or error-free;
• Communication channels will remain accessible at all times;
• Information exchanged during an Emergency will be complete, accurate, or current.

8.2.2. Support may be affected by factors including but not limited to:

• Network outages or technological failures;
• Force majeure events;
• Acts or omissions of third parties;
• Governmental restrictions or emergency conditions.

8.3. No Guarantee of Third-Party Actions

8.3.1. IVY Nest does not control, supervise, or guarantee the conduct or performance of:

• Police authorities;
• Fire and disaster response agencies;
• Medical professionals or hospitals;
• Property owners, landlords, or facility managers;
• Any third-party service provider engaged during an Emergency.

8.3.2. Any action, delay, omission, or decision by such third parties shall be solely attributable to them, and IVY Nest shall bear no responsibility or liability therefor.

8.4. No Professional or Emergency Services Warranty

8.4.1. IVY Nest does not provide:

• Medical advice or treatment;
• Legal advice;
• Disaster management or rescue services;
• Structural or safety certifications.

8.4.2. Any information provided during an Emergency is informational and facilitative only and shall not be construed as professional advice or assurance.

8.5. No Guarantee of Platform Accuracy During Emergencies

8.5.1. IVY Nest does not guarantee that:

• Emergency-related content, alerts, or communications are free from errors;
• Data supplied by Users or property partners is accurate or verified in real time;
• System-generated updates reflect real-time ground conditions.

8.5.2. Users are advised to independently verify critical information with relevant authorities.

8.6. Assumption of Risk by Users

8.6.1. Users acknowledge and agree that:

• Emergencies are inherently unpredictable;
• Outcomes depend on multiple factors beyond IVY Nest’s control;
• Reliance on the Platform during Emergencies is at the User’s own risk.

8.6.2. IVY Nest shall not be liable for consequences arising from User reliance on emergency-related information or support provided through the Platform.

8.7. Statutory Compliance Disclaimer

8.7.1. Nothing in this Policy shall be construed as:

• Creating an obligation beyond what is mandated under applicable law;
• Waiving statutory protections available to IVY Nest under:
  • Section 79 of the Information Technology Act, 2000;
  • Consumer Protection (E-Commerce) Rules, 2020;
  • Any applicable safe-harbour or intermediary liability provisions.

8.8. Exclusion of Implied Warranties

8.8.1. To the maximum extent permitted by law, IVY Nest expressly disclaims all implied warranties, including but not limited to:

• Implied warranties of merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Availability or reliability of emergency support.

8.9. Severability and Enforceability

8.9.1. If any part of this clause is held unenforceable, the remaining provisions shall continue to remain in full force and effect.

9. Limitation of Liability

9.1. Platform Status and Risk Allocation

9.1.1. IVY Nest Apartments (“IVY Nest”, “Company”, “Platform”) operates solely as a technology-enabled intermediary and facilitator and does not assume the role of a landlord, emergency responder, disaster-management authority, medical provider, or law-enforcement agency.

9.1.2. Users expressly acknowledge that emergency situations involve inherent risks, and that IVY Nest’s involvement is limited to reasonable facilitation and information support, without operational control over emergency outcomes.

9.2. Exclusion of Liability for Emergency Outcomes

9.2.1. To the maximum extent permitted under applicable law, IVY Nest shall not be liable for any loss, injury, damage, delay, disruption, or harm arising from or in connection with:

• Any Emergency occurring at or in relation to a Property;
• Failure, delay, refusal, or inadequate response by emergency services or authorities;
• Acts or omissions of property owners, landlords, facility managers, staff, or vendors;
• Natural disasters, pandemics, fires, structural failures, utility outages, or civil disturbances;
• Decisions taken by Users during an Emergency based on information provided via the Platform.

9.3. No Liability for Third-Party Acts or Omissions

9.3.1. IVY Nest shall not be responsible or liable for the conduct, negligence, misconduct, or non-performance of any third party, including but not limited to:

• Police, fire brigades, medical professionals, hospitals, or disaster-response agencies;
• Property partners, owners, housing societies, or maintenance personnel;
• Internet service providers, telecom operators, or utility service providers.

9.3.2. Any claims arising from such acts or omissions shall lie solely against the relevant third party.

9.6. Maximum Liability Cap

9.6.1. Without prejudice to the exclusions set forth herein, and to the extent liability cannot be excluded under applicable law, IVY Nest’s aggregate liability arising out of or in connection with an Emergency shall be strictly limited to the total platform service fees paid by the User to IVY Nest during the three (3) months immediately preceding the incident, or INR 5,000, whichever is lower.

9.7. Consumer Law Compliance

9.7.1. Nothing in this clause shall limit or exclude liability that cannot be lawfully excluded under:

• The Consumer Protection Act, 2019;
• Applicable judicial precedents mandating minimum consumer safeguards.

9.7.2. However, Users agree that IVY Nest’s liability shall be construed narrowly and proportionately, consistent with its role as a digital intermediary.

9.8. Statutory Safe-Harbour Protection

9.8.1. This limitation shall operate in addition to, and not in derogation of, the protections available to IVY Nest under:

• Section 79 of the Information Technology Act, 2000;
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

9.9. User Acknowledgement and Assumption of Risk

9.9.1. By using the Platform, Users expressly acknowledge and agree that:

• Emergency assistance via a digital platform has inherent limitations;
• IVY Nest does not assume responsibility for Emergency management;
• The User assumes all risks associated with Emergency situations.

9.10. Severability

9.10.1. If any portion of this Limitation of Liability clause is held invalid or unenforceable by a competent court, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

10. Policy Modification and Updates

10.1. Right to Modify

10.1.1. IVY Nest Apartments (“Company”, “IVY Nest”, “Platform”) reserves the exclusive right, at its sole discretion, to amend, modify, update, revise, supplement, or replace this Customer Service and Support Policy, in whole or in part, at any time.

10.1.2. Such modifications may be made to reflect, inter alia:
a. changes in applicable laws, rules, regulations, or judicial precedents;
b. amendments to the Information Technology Act, 2000, DPDP Act, 2025, or consumer protection regulations;
c. operational, technological, or business model changes of the Platform;
d. enhancement of customer support mechanisms or service processes;
e. security, fraud prevention, or compliance requirements.

10.3. Effective Date of Modifications

10.3.1. Unless expressly stated otherwise, modifications shall become effective immediately upon publication on the Platform.

10.3.2. Where modifications materially affect User rights or obligations, IVY Nest may, at its discretion, specify a future effective date.

10.4. User Responsibility to Review

10.4.1. Users acknowledge and agree that it is their responsibility to periodically review this Policy for updates or changes.

10.4.2. Failure to review the updated Policy shall not absolve the User from compliance with the revised terms.

10.5. No Retrospective Adverse Effect

10.5.1. Modifications shall not be applied retrospectively to:
a. complaints already resolved; or
b. grievance proceedings already concluded,

unless such retrospective application is required by law or regulatory direction.

10.6. Relationship with Other Policies

10.6.1. Any modification to this Policy shall be read harmoniously with:
a. Terms of Use;
b. Booking, Cancellation & Refund Policy;
c. Grievance Redressal Policy;
d. Privacy Policy; and
e. OTA-specific disclosures.

10.6.2. In case of conflict, the Terms of Use shall prevail.

10.7. Severability of Modified Provisions

10.7.1. If any modified provision of this Policy is held to be invalid, unlawful, or unenforceable by a competent authority, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

10.8. No Waiver

10.8.1. Failure by IVY Nest to enforce any modified provision shall not constitute a waiver of its rights to enforce such provision at a later time.

10.9. Statutory Supremacy

10.9.1. Notwithstanding anything contained herein, any modification made pursuant to a statutory mandate, regulatory order, or court direction shall prevail over all prior versions of this Policy.

11. Governing Law and Jurisdiction

11.1. This Policy shall be governed by and construed in accordance with the laws of India.

11.2. Courts at Kolkata, West Bengal, India, shall have exclusive jurisdiction over any disputes arising under this Policy.

12. Contact and Grievance Redressal

12.1. Grievance Contact

For any grievance, complaint, or clarification relating to this Agreement or services provided through the Platform, the Vendor or User may contact:

IVY Nest Apartments
Email: grievance@ivynestapartments.com

The grievance shall be addressed in accordance with the Company’s Grievance Redressal Policy and applicable statutory timelines under the Consumer Protection (E-Commerce) Rules, 2020 and the Digital Personal Data Protection Act, 2025.